Fla. appeal court reverses pregnant woman’s forced hospitalization but ruling moot in her case

By AP
Thursday, August 12, 2010

Fla. appeal court reverses mom’s bed rest order

TALLAHASSEE, Fla. — A Florida appeal court has reversed a pregnant woman’s forced hospitalization, though the ruling is moot in her case.

The majority in a 2-1 opinion Thursday says the order by a Tallahassee judge violated Samantha Burton’s right to refuse medical treatment.

The judge issued the order after Burton’s doctor argued she was risking a miscarriage if she didn’t quit smoking immediately and stay on bed rest in the hospital.

The dissenting appellate judge wrote that it’s a moot issue because Burton delivered a stillborn fetus three days later.

The majority, though, decided her situation could be repeated so the issue should be decided to set a precedent for future cases.

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